PIL instrument(s)
Brussels IIa
Case number and/or case name
BGH, 16.3.2011 – XII ZB 407/10
Details of the court
Germany, Third Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Article 61
Paragraph a
Date of the judgement
15 March 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
The mother was German, the father was French. After the separation the mother moved with the child from France to Germany. The court stated that German courts were internationally competent under Art 8 (1) Brussels IIa as the child had his habitual residence in Germany. The Brussels IIa Regulation preceded the Convention on the protection of minors, Art 61 (a) Brussels IIa.

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